CHAPTER 117 EMINENT DOMAIN - Minnesota

CHAPTER 117

EMINENT DOMAINPREEMPTION; PUBLIC USE OR PURPOSE.117.012JOINT ACQUISITION OF LAND.117.016DEFINITIONS.117.025CONDEMNATION FOR BLIGHT MITIGATION ANDCONTAMINATION REMEDIATION.

117.027

ATTORNEY FEES.117.031PROCEEDINGS, BY WHOM INSTITUTED.117.035APPRAISAL AND NEGOTIATION REQUIREMENTS.117.036ENTRY FOR SURVEY OR ENVIRONMENTALTESTING.

117.041

LOCAL GOVERNMENT PUBLIC HEARINGREQUIREMENTS.

117.0412

POSSESSION.117.042COMPELLING DELIVERY OF POSSESSION.117.043COMPELLING ACQUISITION IN CERTAIN CASES.117.045COPIES OF APPRAISAL TO LANDOWNER.117.054PETITION AND NOTICE.117.055NOTICES OF PENDENCY AND ABANDONMENT;REQUIRED RECORDINGS.

117.065

HEARING; COMMISSIONERS; ORDER FORTAKING.

117.075

COMMISSIONERS, POWERS, DUTIES.117.085NONCONTIGUOUS TRACTS, TREATMENT ASUNIT.

117.086

PREPAYMENT PENALTIES; DAMAGES.117.087FILING OF REPORT, TIME, FAILURE TO REPORT.117.105REPORT, NOTICE.117.115DEPOSIT IN COURT.117.125TAXES AND ASSESSMENTS.117.135APPEAL: DEADLINE, NOTICE, SERVICE,CONTENTS; BY OTHER PARTIES.

117.145

PAYMENTS; PARTIAL PAYMENT PENDINGAPPEAL.

117.155

JURY TRIALS; DISCLOSURE.117.165TRIAL, BURDEN OF PROOF, COSTS.117.175COMPENSATION FOR REMOVAL OF LEGALNONCONFORMING USE.

117.184

JUDGMENT.117.185COMPENSATION FOR LOSS OF GOING CONCERN.117.186MINIMUM COMPENSATION.117.187LIMITATIONS.117.188PUBLIC SERVICE CORPORATION EXCEPTIONS.117.189INTEREST; AWARD, WHEN PAYABLE; DISMISSAL;COSTS.

117.195

FINAL CERTIFICATE.117.205EASEMENT MAY INCLUDE SNOW FENCES.117.21ESTATE ACQUIRED.117.215EASEMENT DISCHARGE.117.225RIGHT OF FIRST REFUSAL.117.226PAYMENT IN INSTALLMENTS.117.231DIRECT PURCHASE.117.232ACQUISITION OF LAND FOR CERTAIN PURPOSES.117.38PROCEEDINGS UNDER POWER OF EMINENTDOMAIN.

117.39

MUNICIPALITY MAY CONTEST.117.40CONVEYANCE, TO WHOM MADE.117.41PERMITS; LICENSES.117.47EASEMENTS OVER TAX-FORFEITED LANDS,APPROVAL.

117.471

CRUDE OIL PIPELINE COMPANIES, EMINENTDOMAIN.

117.48

DEFINITIONS.117.50COOPERATION WITH FEDERAL AUTHORITIES;REESTABLISHMENT COSTS LIMIT.

117.51

UNIFORM RELOCATION ASSISTANCE.117.52WAIVER OF RELOCATION BENEFITS.117.521AUTHORIZATION.117.53NO ADDITIONAL DAMAGES CREATED.117.54PAYMENTS NOT CONSIDERED FOR PUBLICASSISTANCE PURPOSES.

117.55

INAPPLICABILITY TO HAZARDOUS ANDSUBSTANDARD BUILDING PROCEEDINGS.

117.56

AUTHORITIES; RAILROAD PROPERTIES.117.57

117.01 [Repealed, 1971 c 595 s 29]

117.011 [Repealed, 2006 c 214 s 21]

117.012 PREEMPTION; PUBLIC USE OR PURPOSE.

Subdivision 1. Preemption. Notwithstanding any other provision of law, including any charter provision,ordinance, statute, or special law, all condemning authorities, including home rule charter cities and all otherpolitical subdivisions of the state, must exercise the power of eminent domain in accordance with theprovisions of this chapter, including all procedures, definitions, remedies, and limitations. Additional

Official Publication of the State of MinnesotaRevisor of Statutes

117.012MINNESOTA STATUTES 20211

procedures, remedies, or limitations that do not deny or diminish the substantive and procedural rights andprotections of owners under this chapter may be provided by other law, ordinance, or charter.

Subd. 2. Requirement of public use or public purpose. Eminent domain may only be used for a publicuse or public purpose.

Subd. 3. Exceptions. This chapter does not apply to the taking of property under laws relating to drainageor to town roads when those laws themselves expressly provide for the taking and specifically prescribe theprocedure. The taking of property for a project undertaken by a watershed district under chapter 103D orfor a project undertaken by a drainage authority under chapter 103E may be carried out under the procedureprovided by those chapters.

History: 2006 c 214 s 1

117.015 [Repealed, 1971 c 595 s 29]

117.016 JOINT ACQUISITION OF LAND.

Subdivision 1. State or any of its agencies or political subdivisions. Whenever the state or any of itsagencies or political subdivisions thereof is acquiring property for a public purpose and it is determined thata portion or a part of a tract of land is necessary for its particular public purpose and that other portions orparts of the same tract of land or the remainder thereof are needed by another agency or political subdivisionof the state for a public purpose, the state or its agencies or political subdivisions desiring such lands or partsthereof may enter into an agreement each with the other for the joint acquisition of such lands by eminentdomain proceedings.

Subd. 2. Agreement to state purpose and describe land. Such agreement shall state the purpose ofthe land acquisitions and shall describe the particular portion or part of the tract of land desired by each ofthe public bodies and shall include provisions for the division of the cost of acquisition of such propertiesand all expenses incurred therein.

Subd. 3. Procedure. The proceedings in eminent domain for the acquisition of the lands so desired shallbe instituted and carried to completion in the names of the parties to the agreement describing the lands eachshall acquire but for the purposes of the proceedings and for ascertaining the damages for the taking, thelands so acquired shall be treated as one parcel.

History: 1971 c 595 s 2

117.02 [Repealed, 1971 c 595 s 29]

117.025 DEFINITIONS.

Subdivision 1. Words, terms, and phrases. For the purposes of this chapter and any other general orspecial law authorizing the exercise of the power of eminent domain, the words, terms, and phrases definedin this section have the meanings given them.

Subd. 2. Taking. "Taking" and all words and phrases of like import include every interference, underthe power of eminent domain, with the possession, enjoyment, or value of private property.

Subd. 3. Owner. "Owner" includes all persons with any interest in the property subject to a taking,whether as proprietors, tenants, life estate holders, encumbrancers, beneficial interest holders, or otherwise.


2MINNESOTA STATUTES 2021117.012

Subd. 4. Condemning authority. "Condemning authority" means a person or entity with the power ofeminent domain.

Subd. 5. Abandoned property. "Abandoned property" means property that: (1) has been substantiallyunoccupied or unused for any commercial or residential purpose for at least one year by a person with alegal or equitable right to occupy the property; (2) has not been maintained; and (3) for which taxes havenot been paid for at least two previous years.

Subd. 6. Blighted area. "Blighted area" means an area:

(1) that is in urban use; and

(2) where more than 50 percent of the buildings are structurally substandard.

Subd. 7. Structurally substandard. "Structurally substandard" means a building:

(1) that was inspected by the appropriate local government and cited for one or more enforceable housing,maintenance, or building code violations;

(2) in which the cited building code violations involve one or more of the following:

(i) a roof and roof framing element;

(ii) support walls, beams, and headers;

(iii) foundation, footings, and subgrade conditions;

(iv) light and ventilation;

(v) fire protection, including egress;

(vi) internal utilities, including electricity, gas, and water;

(vii) flooring and flooring elements; or

(viii) walls, insulation, and exterior envelope;

(3) in which the cited housing, maintenance, or building code violations have not been remedied aftertwo notices to cure the noncompliance; and

(4) has uncured housing, maintenance, and building code violations, satisfaction of which would costmore than 50 percent of the estimated market value for the building, excluding land value, as determinedunder section 273.11 for property taxes payable in the year in which the condemnation is commenced.

A local government is authorized to seek from a judge or magistrate an administrative warrant to gain accessto inspect a specific building in a proposed development or redevelopment area upon showing of probablecause that a specific code violation has occurred and that the violation has not been cured, and that the ownerhas denied the local government access to the property. Items of evidence that may support a conclusion ofprobable cause may include recent fire or police inspections, housing inspection, exterior evidence ofdeterioration, or other similar reliable evidence of deterioration in the specific building.

Subd. 8. Environmentally contaminated area. "Environmentally contaminated area" means an area:

(1) in which more than 50 percent of the parcels contain any substance defined, regulated, or listed asa hazardous substance, hazardous material, hazardous waste, toxic waste, pollutant, contaminant, or toxic



substance, or identified as hazardous to human health or the environment under state or federal law orregulation; and

(2) for which the estimated costs of investigation, monitoring and testing, and remedial action or removal,as defined in section 115B.02, subdivisions 16 and 17, respectively, including any state costs of remedialactions, exceed 100 percent of the assessor's estimated market value for the contaminated parcel, as determinedunder section 273.11, for property taxes payable in the year in which the condemnation commenced, or forwhich a court of competent jurisdiction has issued an order under law or regulations adopted by Minnesotaor the United States, that clean up or remediation of a contaminated site occur and the property owner hasfailed to comply with the court's order within a reasonable time.

Subd. 9. Public nuisance. "Public nuisance" means a public nuisance under section 609.74.

Subd. 10. Public service corporation. "Public service corporation" means a utility, as defined by section216E.01, subdivision 10; gas, electric, telephone, or cable communications company; cooperative association;natural gas pipeline company; crude oil or petroleum products pipeline company; municipal utility;municipality when operating its municipally owned utilities; joint venture created pursuant to section 452.25or 452.26; or municipal power or gas agency. Public service corporation also means a municipality or publiccorporation when operating an airport under chapter 360 or 473, a common carrier, a watershed district, ora drainage authority.

Subd. 11. Public use; public purpose. (a) "Public use" or "public purpose" means, exclusively:

(1) the possession, occupation, ownership, and enjoyment of the land by the general public, or by publicagencies;

(2) the creation or functioning of a public service corporation; or

(3) mitigation of a blighted area, remediation of an environmentally contaminated area, reduction ofabandoned property, or removal of a public nuisance.

(b) The public benefits of economic development, including an increase in tax base, tax revenues,employment, or general economic health, do not by themselves constitute a public use or public purpose.

History: 1971 c 595 s 3; 2006 c 214 s 2,20; 2012 c 294 art 2 s 3; 2013 c 143 art 14 s 14

117.027 CONDEMNATION FOR BLIGHT MITIGATION AND CONTAMINATIONREMEDIATION.

Subdivision 1. Buildings not structurally substandard in areas of blight mitigation; feasiblealternatives. In taking property to mitigate blight, a condemning authority must not take buildings that arenot structurally substandard unless there is no feasible alternative to the taking of the parcels on which thebuildings are located in order to remediate the blight and all possible steps are taken to minimize the takingof buildings that are not structurally substandard.

Subd. 2. Uncontaminated property in environmental contamination remediation areas; feasiblealternatives. In taking property to remediate environmental contamination, a condemning authority mustnot take uncontaminated parcels in the area unless there is no feasible alternative to the taking of theuncontaminated parcels in order to complete remediation of the contaminated parcels and all possible stepsare taken to minimize the taking of the uncontaminated parcels.

Subd. 3. Contribution to condition by developer disallowed. If a developer involved in theredevelopment of the project area contributed to the blight or environmental contamination within the project



area, the condition contributed to by the developer must not be used in the determination of blight orenvironmental contamination.

History: 2006 c 214 s 3

117.03 [Repealed, 1971 c 595 s 29]

117.031 ATTORNEY FEES.

(a) If the final judgment or award for damages, as determined at any level in the eminent domain process,is more than 40 percent greater than the last written offer of compensation made by the condemning authorityprior to the filing of the petition, the court shall award the owner reasonable attorney fees, litigation expenses,appraisal fees, other experts fees, and other related costs in addition to other compensation and fees authorizedby this chapter. If the final judgment or award is at least 20 percent, but not more than 40 percent, greaterthan the last written offer, the court may award reasonable attorney fees, expenses, and other costs and feesas provided in this paragraph. The final judgment or award of damages shall be determined as of the dateof taking. No attorney fees shall be awarded under this paragraph if the final judgment or award of damagesdoes not exceed $25,000. For the purposes of this section, the "final judgment or award for damages" doesnot include any amount for loss of a going concern unless that was included in the last written offer by thecondemning authority.

(b) In any case where the court determines that a taking is not for a public use or is unlawful, the courtshall award the owner reasonable attorney fees and other related expenses, fees, and costs in addition toother compensation and fees authorized by this chapter.

History: 2006 c 214 s 4

117.035 PROCEEDINGS, BY WHOM INSTITUTED.

If such property be required for any authorized purpose of the state, the proceeding shall be taken in thename of the state by the attorney general upon request of the officer, board, or other body charged by lawwith the execution of such purpose; if by a corporation or other body, public or private, authorized by lawto exercise the power of eminent domain, in its corporate or official name and by the governing body thereof;and if by an individual so authorized, in the individual's own name.

History: 1971 c 595 s 4; 1986 c 444; 2006 c 214 s 20

117.036 APPRAISAL AND NEGOTIATION REQUIREMENTS.

Subdivision 1. Application. This section applies to the acquisition of property under this chapter.

Subd. 1a. Definition of owner. For the purposes of this section, "owner" means fee owner, contractpurchaser, or business lessee who is entitled to condemnation compensation under a lease.

Subd. 2. Appraisal. (a) Before commencing an eminent domain proceeding under this chapter for anacquisition greater than $25,000, the acquiring authority must obtain at least one appraisal for the propertyproposed to be acquired. In making the appraisal, the appraiser must confer with one or more of the ownersof the property, if reasonably possible. For acquisitions less than $25,000, the acquiring authority may obtaina minimum damage acquisition report in lieu of an appraisal. In making the minimum damage acquisitionreport, the qualified person with appraisal knowledge must confer with one or more of the owners of theproperty, if reasonably possible. Notwithstanding section 13.44, the acquiring authority must provide theowner with a copy of (1) each appraisal for property acquisitions over $25,000, or (2) the minimum damageacquisition report for properties under $25,000, the acquiring authority has obtained for the property at the



time an offer is made, but no later than 60 days before presenting a petition under section 117.055. Theacquiring authority must also inform the owner of the right to obtain an appraisal under this section. Uponrequest, the acquiring authority must make available to the owner all appraisals for properties over $25,000,or the minimum damage acquisition report for properties under $25,000. If the acquiring authority isconsidering both a full and partial taking of the property, the acquiring authority shall obtain and providethe owner with appraisals for properties over $25,000 for both types of takings, or minimum damageacquisition reports for properties under $25,000.

(b) The owner may obtain an appraisal by a qualified appraiser of the property proposed to be acquired.The owner is entitled to reimbursement for the reasonable costs of the appraisal from the acquiring authorityup to a maximum of $1,500 for single family and two-family residential property and minimum damageacquisitions and $5,000 for other types of property, provided that the owner submits to the acquiring authoritythe information necessary for reimbursement, including a copy of the owner's appraisal, at least five daysbefore a condemnation commissioners' hearing. For purposes of this subdivision, a "minimum damageacquisition" means an interest in property that a qualified person having an understanding of the local realestate market indicates can be acquired for $25,000 or less.

(c) The acquiring authority must pay the reimbursement to the owner within 30 days after receiving acopy of the appraisal and the reimbursement information. Upon agreement between the acquiring authorityand the owner, the acquiring authority may pay the reimbursement directly to the appraiser.

Subd. 3. Negotiation. In addition to the appraisal requirements under subdivision 2, before commencingan eminent domain proceeding, the acquiring authority must make a good faith attempt to negotiate personallywith the owner of the property in order to acquire the property by direct purchase instead of the use ofeminent domain proceedings. In making this negotiation, the acquiring authority must consider the appraisalsin its possession, including any appraisal obtained and furnished by the owner if available, and otherinformation that may be relevant to a determination of damages under this chapter. If the acquiring authorityis considering both a full and partial taking of the property, the acquiring authority must make a good faithattempt to negotiate with respect to both types of takings.

Subd. 4. Use of appraisal at commissioners' hearing. An appraisal or minimum damage acquisitionreport must not be used or considered in a condemnation commissioners' hearing, nor may the appraiserwho prepared the appraisal or the person who prepared the minimum damage acquisition report testify,unless a copy of the appraiser's written report or the minimum damage acquisition report is provided to theopposing party at least five days before the hearing.

Subd. 5. Documentation of business loss. Documentation related to a loss of going concern claim madeunder section 117.186 must not be used or considered in a condemnation commissioners' hearing unless thedocumentation is provided to the opposing party at least 14 days before the hearing.

History: 1Sp2003 c 19 art 2 s 3; 2006 c 214 s 5; 2015 c 75 art 2 s 3,4

117.04 [Repealed, 1971 c 595 s 29]

117.041 ENTRY FOR SURVEY OR ENVIRONMENTAL TESTING.

Subdivision 1. Surveys. For the purpose of making surveys and examinations relative to any proceedingsunder this chapter, it shall be lawful to enter upon any land, doing no unnecessary damage.

Subd. 2. Environmental testing before eminent domain proceedings. (a) A state agency by order ofthe commissioner or a political subdivision by resolution may enter property for purposes of investigation,



monitoring, testing, surveying, boring, or other similar activities necessary or appropriate to identify theexistence and extent of a release or threat of release of a hazardous substance, pollutant, or contaminant if:

(1) the state agency or political subdivision has reason to believe that acquisition of the property maybe required pursuant to eminent domain proceedings;

(2) the state agency or political subdivision has reason to believe that a hazardous substance, pollutant,or contaminant is present on the property or the release of a hazardous substance, pollutant, or contaminantmay have occurred or is likely to occur on the property; and

(3) entry on the property for environmental testing is rationally related to health, safety, or welfareconcerns of the state agency or political subdivision in connection with possible eminent domain proceedings.

(b) At least ten days before entering the property, the state agency or political subdivision must servenotice on the property owner requesting permission to enter the property, stating the approximate time andpurpose of the entry, and giving the owner the option of refusing entry. The notice shall also give the ownerthe option of requesting an equal amount of any sample or portion taken from the property and a copy ofany data obtained or report issued. If the property owner refuses to consent to the entry, the state agency orpolitical subdivision must apply for a court order authorizing the entry and the removal of any sample orportion from the property, giving notice of the court order to the property owner. The court shall issue anorder if the state agency or political subdivision meets the standards in paragraph (a). Notices under thisparagraph must be served in the same manner as a summons in a civil action.

(c) The state agency or political subdivision must do no unnecessary damage to the property and shallrestore the property to substantially the same condition in which it was found. If the state agency or politicalsubdivision removes a sample or portion of the property for investigation, monitoring, or testing, or obtainsany data or issues any report, it must give the property owner an equal amount of the sample or portion anda copy of any data or report, if requested by the property owner, and must permit the property owner toperform independent investigation, monitoring, or testing of the sample or portion.

(d) The results of testing performed under paragraph (a) must be included in any environmental assessmentworksheet or environmental impact statement that the state agency or political subdivision is required toprepare under chapter 116D.

Subd. 3. Geotechnical investigation before eminent domain proceedings. (a) A state agency by orderof the commissioner or a political subdivision by resolution may enter property for purposes of investigation,monitoring, testing, surveying, boring, or other similar activities necessary or appropriate to performgeotechnical investigations.

(b) At least ten days before entering the property, the state agency or political subdivision must servenotice on the property owner requesting permission to enter the property, stating the approximate time andpurpose of the entry, and giving the owner the option of refusing entry. If the property owner refuses toconsent to the entry, the state agency or political subdivision must apply for a court order authorizing theentry and the removal of any sample or portion from the property, giving notice of the court order to theproperty owner. The court shall issue an order if the state agency or political subdivision meets the standardsin paragraph (a). Notices under this paragraph must be served in the same manner as a summons in a civilaction.



(c) The state agency or political subdivision must not cause any unnecessary damage to the propertyand must compensate the property owner for any damages actually incurred as a result of the geotechnicalinvestigations.

History: 1971 c 595 s 5; 1991 c 224 s 1; 2008 c 287 art 1 s 1

117.0412 LOCAL GOVERNMENT PUBLIC HEARING REQUIREMENTS.

Subdivision 1. Definitions. For the purposes of this section:

(1) "local government" means the elected governing body of a statutory or home rule charter city, county,or township; and

(2) "local government agency" means a subdivision, agency, authority, or other entity created by orwhose members are appointed by the local government, including a port authority, economic developmentauthority, housing and redevelopment authority, or other similar entity established under law.

Subd. 2. Public hearing; vote by local government governing body. (a) If the taking is for the mitigationof a blighted area, remediation of an environmentally contaminated area, reducing abandoned property, orremoving a public nuisance, a public hearing must be held before a local government or local governmentagency commences an eminent domain proceeding under section 117.055. The local government must notifyeach owner of property that may be acquired in writing by certified mail of the public hearing on the proposedtaking, post the public hearing information on the local government's website, if any, and publish notice ofthe public hearing in a newspaper of general circulation in the local government's jurisdiction. Notice mustbe provided at least 30 days but not more than 60 days before the hearing.

(b) Any interested person must be allowed reasonable time to present relevant testimony at the publichearing. The proceedings of the hearing must be recorded and available to the public for review and commentat reasonable times and a reasonable place. At the next regular meeting of the local government that is atleast 30 days after the public hearing, the local government must vote on the question of whether to authorizethe local government or local government agency to use eminent domain to acquire the property.

Subd. 3. Resolution. If the taking is for the mitigation of a blighted area, remediation of anenvironmentally contaminated area, reducing abandoned property, or removing a public nuisance, then theresolution of a local government or local government agency authorizing the use of eminent domain must:

(1) identify and describe the public costs and benefits that are known or expected to result from theprogram or project for which the property interest is proposed to be acquired; and

(2) address how the acquisition of the property interest serves one or more identified public uses orpublic purposes and why the acquisition of the property is needed to accomplish those public uses or publicpurposes.

History: 2006 c 214 s 6

117.042 POSSESSION.

Whenever the petitioner shall require title and possession of all or part of the owner's property prior tothe filing of an award by the court appointed commissioners, the petitioner shall, at least 90 days prior tothe date on which possession is to be taken, notify the owner of the intent to possess by notice served bycertified mail and before taking title and possession shall pay to the owner or deposit with the court anamount equal to petitioner's approved appraisal of value. Amounts deposited with the court shall be paidout under the direction of the court. If it is deemed necessary to deposit the above amount with the court the



petitioner may apply to the court for an order transferring title and possession of the property or propertiesinvolved from the owner to the petitioner. In all other cases, petitioner has the right to the title and possessionafter the filing of the award by the court appointed commissioners as follows:

(1) if appeal is waived by the parties upon payment of the award;

(2) if appeal is not waived by the parties upon payment or deposit of three-fourths of the award. Theamount deposited shall be deposited by the court administrator in an interest bearing account no later thanthe business day next following the day on which the amount was deposited with the court. All interestcredited to the amount deposited from the date of deposit shall be paid to the ultimate recipient of the amountdeposited.

Nothing in this section shall limit rights granted in section 117.155.

History: 1971 c 595 s 6; 1975 c 218 s 1; 1976 c 72 s 1; 1978 c 674 s 60; 1981 c 8 s 1; 1Sp1986 c 3 art1 s 82

117.043 COMPELLING DELIVERY OF POSSESSION.

Subdivision 1. Conditions required for court to issue relief. A court having jurisdiction over aneminent domain proceeding may issue an order compelling delivery of possession of the property under anyof the following conditions:

(1) the court has issued an order authorizing transfer of title and possession and the petitioner has paidor deposited its approved appraisal value under section 117.042; or

(2) the petitioner has acquired title of the real estate.

If one of these conditions is met, the court may issue an order compelling delivery of possession of theproperty upon: (i) the affidavit of the petitioner; (ii) notice to the occupants of the acquired real estate andothers claiming a right to remain in possession of it; and (iii) a hearing. Notice of the hearing must be givenin the same way as notice of a motion under the Rules of Civil Procedure. In case of hardship the court maydelay enforcement of an order compelling delivery of possession for a period not to exceed seven days.Unless otherwise allowed by the court, the matter must be considered solely on the basis of arguments ofcounsel and affidavits.

Subd. 2. Award of fees and costs. Following notice and hearing, if the occupant, in bad faith, has failedto deliver possession of the real estate in accordance with either an order issued under section 117.042 oran order issued under this section, the court, upon application by the petitioner, may award to the petitioner,and against the occupant, the attorney fees, costs, and disbursements that were actually incurred by thepetitioner in getting possession of the real estate.

History: 1987 c 287 s 1

117.045 COMPELLING ACQUISITION IN CERTAIN CASES.

Upon successfully bringing an action compelling an acquiring authority to initiate eminent domainproceedings relating to a person's real property which was omitted from any current or completed eminentdomain proceeding, such person shall be entitled to petition the court for reimbursement for reasonable costsand expenses, including reasonable attorney, appraisal and engineering fees, actually incurred in bringingsuch action. Such costs and expenses shall be allowed only in accordance with the applicable provisions ofthe Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, Statutes at Large,



volume 84, page 1894 (1971), any acts amendatory thereof, any regulations duly adopted pursuant thereto,or rules duly adopted by the state of Minnesota, its agencies or political subdivisions pursuant to law.

History: 1971 c 595 s 7; 1985 c 248 s 70; 1986 c 444

117.05 [Repealed, 1971 c 595 s 29]

117.054 COPIES OF APPRAISAL TO LANDOWNER.

A public utility, municipal utility, cooperative electric association, natural gas pipeline or crude oil orpetroleum products pipeline company must provide the property owner with a copy of each appraisal it hasobtained for a property before presenting a petition under section 117.055 to acquire the property.

History: 2008 c 296 art 1 s 4

117.055 PETITION AND NOTICE.

Subdivision 1. Petition. In all cases a petition, describing the desired land, stating by whom and forwhat purposes it is proposed to be taken, and giving the names of all persons appearing of record or knownto the petitioner to be the owners thereof shall be presented to the district court of the county in which theland is situated praying for the appointment of commissioners to appraise the damages which may beoccasioned by such taking.

Subd. 2. Notice. (a) Notice of the objects of the petition and of the time and place of presenting the sameshall be served at least 20 days before such time of presentation upon all persons named in the petition asowners as defined in section 117.025, subdivision 3, and upon all occupants of such land in the same manneras a summons in a civil action.

(b) The notice must state that:

(1) a party wishing to challenge the public use or public purpose, necessity, or authority for a takingmust appear at the court hearing and state the objection or must appeal within 60 days of a court order; and

(2) a court order approving the public use or public purpose, necessity, and authority for the taking isfinal unless an appeal is brought within 60 days after service of the order on the party.

(c) If any such owner be not a resident of the state, or the owner's place of residence be unknown to thepetitioner, upon the filing of an affidavit of the petitioner or the petitioner's agent or attorney, stating thatthe petitioner believes that such owner is not a resident of the state, and that the petitioner has mailed a copyof the notice to the owner at the owner's place of residence, or that after diligent inquiry the owner's placeof residence cannot be ascertained by the affiant, then service may be made upon such owner by three weeks'published notice. If the state be an owner, the notice shall be served upon the attorney general. Any ownernot served as herein provided shall not be bound by such proceeding except upon voluntarily appearingtherein. Any owner shall be furnished a right-of-way map or plat of all that part of land to be taken uponwritten demand, provided that the petitioner shall have ten days from the receipt of the demand within whichto furnish the same. Any plans or profiles which the petitioner has shall be made available to the owner forinspection.

History: 1971 c 595 s 8; 1986 c 444; 2006 c 214 s 7

117.06 [Repealed, 1971 c 595 s 29]



117.065 NOTICES OF PENDENCY AND ABANDONMENT; REQUIRED RECORDINGS.

At the time of filing the petition the petitioner shall record a notice of the pendency of the proceeding,describing with reasonable certainty the lands affected and for what purpose they are to be taken. The noticeshall be recorded as follows:

(1) if the lands are registered lands, with the registrar of titles;

(2) if the lands are nonregistered, with the county recorder;

(3) if the lands are both registered and nonregistered, with both the registrar and the county recorder.

If the proceeding be abandoned in whole or in part the petitioner shall within ten days thereafter recorda notice to that effect, describing with reasonable certainty the lands so abandoned. The notice of abandonmentshall be recorded in the same places as the notice of the pendency of the proceeding.

History: 1971 c 595 s 9; 1976 c 181 s 2; 1995 c 106 s 1; 2005 c 4 s 29

117.07 [Repealed, 1971 c 595 s 29]

117.075 HEARING; COMMISSIONERS; ORDER FOR TAKING.

Subdivision 1. Hearing on taking; evidentiary standard. (a) Upon proof being filed of the service ofsuch notice, the court, at the time and place therein fixed or to which the hearing may be adjourned, shallhear all competent evidence offered for or against the granting of the petition, regulating the order of proofas it may deem best.

(b) If the taking is for the mitigation of a blighted area, remediation of an environmentally contaminatedarea, reducing abandoned property, or removing a public nuisance, then, notwithstanding any other provisionof general or special law, a condemning authority must show the district court by preponderance of theevidence that the taking is necessary and for the designated public use.

(c) A court order approving the public use or public purpose, necessity, and authority for the taking isfinal unless an appeal is brought within 60 days after service of the order on the party.

Subd. 2. Appoint commissioners for damages. (a) If the proposed taking shall appear to be necessaryand such as is authorized by law, the court by an order shall appoint three disinterested commissioners, andat least two alternates, to ascertain and report the amount of damages that will be sustained by the severalowners on account of such taking.

(b) All disinterested commissioners or alternates appointed under this subdivision must reside inMinnesota.

Subd. 3. Commissioner qualifications. The court shall inquire whether each prospective commissionerhas any relationship, business or otherwise, to any of the parties in the proceeding, or any interest in theproceeding which may constitute a conflict of interest, or which may create the appearance of improprietyshould that person be appointed. Responses to this inquiry must be either written or on the record and madeavailable by the court to any party in the proceeding. No person who might have difficulty in rendering anunbiased decision may be appointed to serve. The court, in its discretion, may appoint one registered,practicing attorney to the commission who is knowledgeable in eminent domain matters. All othercommissioners appointed must be persons actively engaged in the occupation of real estate sales or realestate appraising or persons knowledgeable in real estate values.



Subd. 4. First meeting; pay; oath. The order shall fix the time and place of the first meeting of thethree commissioners and prescribe their compensation. At the first meeting at the office of the courtadministrator of district court the appointees must be sworn by the court administrator or an authorizeddeputy and shall take and sign the following oath before assuming their duties as commissioners:

(TITLE OF PROCEEDING)

................................. does swear under penalty of perjury as follows:

I will faithfully and justly perform to the best of my ability, all the duties of the office and trust whichI now assume as commissioner in the above entitled proceeding. I further swear that, except as disclosedin writing or on the record, I have no interest in any of the lands in the above proceeding or any presentor past relationship, business or personal, with any of the parties to the above proceeding or any otheractual or potential conflict of interest, and that I will render fair and impartial decisions, so help me God.

Subd. 5. Court may limit taker's ownership. The order may, in the discretion of the court, limit thetitle or easement to be acquired by the petitioner by defining the rights and privileges which the owner ofany of the lands may exercise therein in subordination to the public uses to which it is appropriated.

Subd. 6. Replacement commissioner. In case any commissioner fails to act or fails to meet thequalifications required by this section, the court without further notice may appoint another in thatcommissioner's place.

Subd. 7. Post list of would be commissioners. The court administrator of court in each county shallpost in the courthouse in a prominent place a notice that a qualified person may apply to have the person'sname placed upon a list of potential commission appointees for eminent domain proceedings. The noticemust contain the language of the oath which the commissioners are required to take upon appointment andshall list the other qualifications set forth in this section. The court shall give due consideration to the namesappearing on the list, but is not bound to make appointments from the list.

History: 1971 c 595 s 10; 1985 c 299 s 1; 1986 c 444; 1Sp1986 c 3 art 1 s 82; 2002 c 390 s 1; 2006 c214 s 8; 1Sp2021 c 5 art 4 s 6,7

117.08 [Repealed, 1971 c 595 s 29]

117.085 COMMISSIONERS, POWERS, DUTIES.

The commissioners, having been duly sworn and qualified according to law, shall meet as directed bythe order of appointment and hear the allegations and proofs of all persons interested touching the mattersto them committed. They may adjourn from time to time and from place to place within the county, givingoral notice to those present of the time and place of their next meeting. All testimony taken by them shallbe given publicly, under oath, and in their presence. They shall view the premises, and any of them maysubpoena witnesses, which shall be served as subpoenas in civil actions are served, and at the cost of theparties applying therefor. If deemed necessary, they may require the petitioner or owner to furnish for theiruse maps, plats, and other information which the petitioner or owner may have showing the nature, character,and extent of the proposed undertaking and the situation of lands desired therefor. In proper cases they mayreserve to the owner a right-of-way or other privilege in or over the land taken, or attach reasonable conditionsto such taking in addition to the damages given or they may make an alternative award, conditioned uponthe granting or withholding of the right specified. Without unreasonable delay they shall make a separateassessment and award of the damages which in their judgment will result to each of the owners of the landby reason of such taking and report the same to the court. The commissioners shall not reduce the amountof the damages awarded because the land being taken is, at the time of the taking, valued under section



273.111, designated as an agricultural preserve under chapter 473H. The commissioners, in all suchproceedings, may in their discretion allow and show separately in addition to the award of damages, reasonableappraisal fees not to exceed a total of $1,500 for single family and two-family residential property andminimum damage acquisitions and $5,000 for other types of property, unless the appraised fee was reimbursedunder section 117.036. Upon request of an owner the commissioners shall show in their report the amountof the award of damages which is to reimburse the owner and tenant or lessee for the value of the land taken,and the amount of the award of damages, if any, which is to reimburse the owner and tenant or lessee fordamages to the remainder involved, whether or not described in the petition. The amounts awarded to eachperson shall also be shown separately. The commissioners shall, if requested by any party, make an expressfinding of the estimated cost of removal and remedial actions that will be necessary on the taken propertybecause of existing environmental contamination.

History: 1971 c 595 s 11; 1987 c 339 s 1; 1991 c 224 s 2; 1999 c 161 s 1; 2006 c 214 s 9

117.086 NONCONTIGUOUS TRACTS, TREATMENT AS UNIT.

Subdivision 1. Certain land considered as a unit. In all eminent domain proceedings brought underthis chapter noncontiguous tracts of land may be considered as a unit for the purpose of the assessment ofthe damages for a taking from only one of such tracts, provided that the use to which the tracts are appliedis so connected, that the taking from one in fact damages the other.

Subd. 2. Notice of appeal. In the event that an appeal is taken, a party claiming a unity in noncontiguoustracts shall give notice thereof in the notice of appeal as provided in section 117.145.

Subd. 3. Determination of taking, damage. The petitioner, after receiving notice that the landownerclaims a unity in noncontiguous tracts, may upon ten days' written notice to the landowner, move the courtfor its order determining whether, as a matter of law, the landowner has suffered a taking of, or damage to,noncontiguous tracts by reason of the eminent domain proceedings brought under this chapter.

History: 1971 c 595 s 17; 1986 c 444

117.087 PREPAYMENT PENALTIES; DAMAGES.

When property is taken pursuant to this chapter and it is security for a loan or advance of credit with aprovision requiring or permitting the imposition of a penalty if the loan or advance of credit is prepaid, thecost of the penalty is an item of damages which shall be separately stated.

When property is purchased by a body having the power of eminent domain the buyer shall inquirewhether it is security for a loan or advance of credit with a provision requiring or permitting the impositionof a penalty if the loan or advance of credit is prepaid and, if so, the penalty shall be an item considered bythe parties in the negotiation of the price.

History: 1978 c 623 s 1; 2006 c 214 s 20

117.09 [Repealed, 1971 c 595 s 29]

117.095 [Repealed, 1973 c 604 s 8]

117.10 [Repealed, 1971 c 595 s 29]



117.105 FILING OF REPORT, TIME, FAILURE TO REPORT.

Subdivision 1. Filing of report. The report of the commissioners shall be filed with the court administratorof district court within 90 days from the date of the order appointing the commissioners, unless such orderotherwise prescribes, but for cause shown upon written motion of the petitioner and not less than three days'notice thereof duly served by mail or otherwise upon such respondents, or their attorneys who entered anappearance at the hearing on the petition or notified the petitioner of their formal appearance, the court mayextend the time for making and filing the report. If the petitioner serves such motion and notice thereof bymail, such service shall be at least six days prior to the date of the hearing on the motion.

Subd. 2. Failure to file report. If the commissioners fail to file their report within the time providedby the order appointing the commissioners, or within any extension of time to file granted by the court, anyowner may upon motion, after due notice to the petitioner, have the proceedings set aside as to that owner;but, for cause shown, the court may extend the time for making their report. If the proceedings are set asideas to any individual owner, that owner shall be entitled to reimbursement for reasonable costs anddisbursements including attorney's fees.

History: 1971 c 595 s 13; 1986 c 444; 1Sp1986 c 3 art 1 s 82

117.11 [Repealed, 1971 c 595 s 29]

117.115 REPORT, NOTICE.

Subdivision 1. Fees and disbursements. The commissioners shall, after notice to the petitioner, filetheir report with the court administrator of district court and the petitioner shall pay the commissioners theirfees and disbursements. The court shall determine any dispute concerning the fees and disbursements.

Subd. 2. Notification. Within ten days after the date of the filing of the report of commissioners, thepetitioner shall notify the following listed persons, by mail, of the filing of the report of commissionerssetting forth the date of filing of the report, the amount of the award, and all the terms and conditions thereofas the same pertain to the respondent or party listed:

(1) each respondent listed in the petition as having an interest in any parcel described in the report;

(2) each other party to the proceeding whose appearance has been noted by the court in its order approvingthe petition under section 117.075; and

(3) each respondent's attorney.

Such notification shall be addressed to the last known post office address of each person notified. Notice ofthe filing of the report need not be given to parties initially served by publication under section 117.055.The petitioner shall file with the court administrator an affidavit of mailing of the notice, setting forth thenames and addresses of all the persons so notified.

History: 1971 c 595 s 14; 1986 c 444; 1Sp1986 c 3 art 1 s 82; 1995 c 106 s 2

117.12 [Repealed, 1971 c 595 s 29]

117.125 DEPOSIT IN COURT.

Where the residence of a party is unknown, or the party is an infant or other person under legal disability,or being legally capable, refuses to accept payment, or if for any reason it is doubtful to whom any awardshould be paid, the petitioner may pay the same to the court administrator of district court, to be paid out



under the direction of the district court; and unless an appeal is taken, as hereinafter provided, such depositwith the court administrator shall be deemed a payment of the award. The award when deposited shall notdraw interest from the date of deposit.

History: 1971 c 595 s 15; 1986 c 444; 1Sp1986 c 3 art 1 s 82

117.13 [Repealed, 1971 c 595 s 29]

117.133 [Repealed, 1971 c 595 s 29]

117.135 TAXES AND ASSESSMENTS.

Subdivision 1. Payment of taxes and assessments on acquired property. In all eminent domainproceedings taxes and assessments imposed upon the acquired property shall be compensated for as providedby section 272.68, except the state Transportation Department, as the acquiring authority, shall pay all taxes,including all unpaid special assessments and future installments thereof, as provided in subdivision 2.

Subd. 2. Payment of taxes and assessments on property acquired by Department ofTransportation. When the state Transportation Department acquires a fee interest in property beforeforfeiture, by any means, provision must be made to pay all taxes, including all unpaid special assessmentsand future installments thereof, unpaid on the property at the date of acquisition. For the purpose of thissection, the date of acquisition shall be either the date on which the department enters into a written agreementto purchase the property or, in cases of condemnation, the date of acquisition shall be the date of the awardof the court-appointed commissioners; except where the provisions of section 117.042 are exercised andapply, in which case the date of acquisition will be the date on which the state Transportation Departmentis entitled to take possession. Taxes lawfully levied shall not be abated. This subdivision shall not be construedto require the payment of accrued taxes and unpaid assessments on the acquired property which exceed thefair market value thereof. The state Transportation Department in acquiring property may make provisionsfor the apportionment of the taxes and unpaid assessments if less than a complete parcel or tract is acquired.

If such accrued taxes and unpaid assessments are not paid as hereinabove required, then the countyauditor of the county in which the acquired property is located shall notify the commissioner of managementand budget of the pertinent facts, and the commissioner of management and budget shall divert an amountequal to such accrued taxes and unpaid assessments from any funds which are thereafter to be distributedby the commissioner of management and budget to the state Transportation Department from the trunkhighway fund, and shall pay over such diverted funds to the county treasurer of the county in which theacquired property is located in payment of such accrued taxes and unpaid assessments.

Subd. 3. Occupation of property after acquisition; leasing. If the state Transportation Departmentpermits a person or business to occupy a property for a period of more than 120 days after the date ofacquisition, the department shall thereafter charge a reasonable rental therefor in accordance with theprovisions of section 161.23, subdivision 3.

History: 1971 c 595 s 16; 1973 c 492 s 14; 1973 c 543 s 1; 1976 c 166 s 7; 2003 c 112 art 2 s 50; 2009c 101 art 2 s 109

117.14 [Repealed, 1971 c 595 s 29]

117.145 APPEAL: DEADLINE, NOTICE, SERVICE, CONTENTS; BY OTHER PARTIES.

At any time within 40 days from the date that the report has been filed, any party to the proceedingsmay appeal to the district court from any award of damages embraced in the report, or from any omission



to award damages, by: (1) filing with the court administrator a notice of such appeal, and (2) serving by maila copy of such notice on all respondents and all other parties to the proceedings having an interest in anyparcel described in the appeal who are shown in the petitioner's affidavit of mailing, required by section117.115, subdivision 2, as having been mailed a notice of the report of the commissioners.

If any notice of appeal is filed, any other party may appeal within 50 days from the date that the reportwas filed by: (1) filing with the court administrator a notice of the appeal; and (2) serving the notice of appealby mail, as provided in this section. Service by mail is deemed effective upon deposit of the notice in theUnited States mail, by first class mail, with postage prepaid, and addressed to each person served at theaddress shown in the petitioner's affidavit of mailing required by section 117.115, subdivision 2. Proof ofservice by mail of a notice of appeal shall be filed with the court administrator promptly following themailing of any notice of appeal. The notice of appeal shall specify the particular award or failure to awardappealed from, the nature and amount of the claim, the land to which it relates, and grounds of the appeal,and if applicable, the notice required in section 117.086.

History: 1971 c 595 s 18; 1Sp1986 c 3 art 1 s 82; 1995 c 106 s 3

117.15 [Repealed, 1971 c 595 s 29]

117.155 PAYMENTS; PARTIAL PAYMENT PENDING APPEAL.

Except as otherwise provided herein payment of damages awarded may be made or tendered at any timeafter the filing of the report; and the duty of the petitioner to pay the amount of any award or final judgmentupon appeal shall, for all purposes, be held and construed to be full and just compensation to the respectiveowners or the persons interested in the lands. If either the petitioner or any respondent appeals from anaward, the respondent or respondents, if there is more than one, except encumbrancers having an interest inthe award which has been appealed, may demand of the petitioner a partial payment of the award pendingthe final determination thereof, and it shall be the duty of the petitioner to comply with such demand and topromptly pay the amount demanded but not in excess of an amount equal to three-fourths of the award ofdamages for the parcel which has been appealed, less any payments made by petitioner pursuant to section117.042; provided, however, that the petitioner may by motion after due notice to all interested partiesrequest, and the court may order, reduction in the amount of the partial payment for cause shown. If anappeal is taken from an award the petitioner may, but it cannot be compelled to, pay the entire amount ofthe award pending the final determination thereof. If any respondent or respondents having an interest inthe award refuses to accept such payment the petitioner may pay the amount thereof to the court administratorof district court to be paid out under direction of the court. A partial or full payment as herein provided shallnot draw interest from the condemner from the date of payment or deposit, and upon final determination ofany appeal the total award of damages shall be reduced by the amount of the partial or full payment. If anypartial or full payment exceeds the amount of the award of compensation as finally determined, uponpetitioner's motion, final judgment must be entered in the condemnation action in favor of the petitioner inthe amount of the balance owed to the petitioner and is recoverable within the original condemnation action.

History: 1971 c 595 s 19; 1980 c 607 art 19 s 2; 1Sp1986 c 3 art 1 s 82; 1997 c 231 art 16 s 3

117.16 [Repealed, 1971 c 595 s 29]

117.165 JURY TRIALS; DISCLOSURE.

Subdivision 1. Appeal. In all eminent domain proceedings where an appeal is taken to the district courtfrom the award of commissioners, the owner or the petitioner shall be entitled to a jury trial.



Subd. 2. Disclosure of witnesses, appraisals of damages. In the event of an appeal from the award ofcommissioners, and upon written demand by a party, the other party shall disclose under oath in writingwithin 15 days the appraisal witnesses the disclosing party proposes to call on its behalf at trial, and theamount of their appraisals of the damages. The demand shall be deemed continuing.

Subd. 3. Failure to disclose. A party shall not be permitted at the trial, except for just cause shown, touse any expert witness on the matter of damages whose name, address and appraisal was not disclosed tothe other party following a written demand.

History: 1971 c 595 s 20

117.17 [Repealed, 1971 c 595 s 29]

117.175 TRIAL, BURDEN OF PROOF, COSTS.

Subdivision 1. Trial. Such appeal may be noticed for trial and tried except as herein otherwise providedas in the case of a civil action and the court may direct that issues be framed, and require other parties to bejoined and to plead therein when necessary for the proper determination of the questions involved. Theowners shall go forward with the evidence and have the burden of proof as in any other civil action, withthe right to open and close. The court or jury trying the case shall reassess the damages de novo and apportionthe same as the evidence and justice may require. Upon request of a party to such appeal, the jury or courtshall show in the verdict or order the amount of the award of damages which is to reimburse the owner forthe land taken and the amount of the award of damages, if any, which is to reimburse the owner for damagesto the remainder tract not taken whether or not described in the petition. The amounts awarded to each personshall also be shown separately. A commissioner in a condemnation proceeding may be called by any partyas a witness to testify as to the amount and the basis of the award of commissioners and may be examinedand qualified as any other witness.

Subd. 2. Fees, costs, and disbursements. The court may, in its discretion, after a verdict has beenrendered on the trial of an appeal, allow as taxable costs reasonable expert witness and appraisal fees of theowner, together with the owner's reasonable costs and disbursements. No expert witness fees, costs ordisbursements shall be awarded to the petitioner regardless of who is the prevailing party.

History: 1971 c 595 s 21

117.18 [Repealed, 1971 c 595 s 29]

117.184 COMPENSATION FOR REMOVAL OF LEGAL NONCONFORMING USE.

(a) Notwithstanding any law to the contrary, an ordinance or regulation of a political subdivision of thestate or local zoning authority that requires the removal of a legal nonconforming use as a condition orprerequisite for the issuance of a permit, license, or other approval for any use, structure, development, oractivity constitutes a taking and is prohibited without the payment of just compensation. This section doesnot apply if the permit, license, or other approval is requested for the construction of a building or structurethat cannot be built without physically moving the nonconforming use.

(b) This section applies to an action of a political subdivision of the state or a local zoning authorityoccurring on or after May 20, 2006, that requires removal of a legal nonconforming use as a condition orprerequisite for the issuance of a permit, license, or other approval.

History: 2006 c 214 s 10



117.185 JUDGMENT.

Judgment shall be entered upon the verdict or decision, fixing the amount of damages payable to theseveral parties concerned and the terms and conditions of the taking and, until reversed or modified in adirect proceeding begun for that purpose, the judgment shall be binding upon the petitioner and all otherparties thereto and upon their respective successors and assigns. The parties may stipulate in lieu of entryof judgment.

History: 1971 c 595 s 22

117.186 COMPENSATION FOR LOSS OF GOING CONCERN.

Subdivision 1. Definitions. For purposes of this section:

(1) "going concern" means the benefits that accrue to a business or trade as a result of its location,reputation for dependability, skill or quality, customer base, good will, or any other circumstances resultingin the probable retention of old or acquisition of new patronage; and

(2) "owner" has the meaning given in section 117.025 and includes a lessee who operates a business onreal property that is the subject of an eminent domain proceeding.

Subd. 2. Compensation for loss of going concern. If a business or trade is destroyed by a taking, theowner shall be compensated for loss of going concern, unless the condemning authority establishes any ofthe following by a preponderance of the evidence:

(1) the loss is not caused by the taking of the property or the injury to the remainder;

(2) the loss can be reasonably prevented by relocating the business or trade in the same or a similar andreasonably suitable location as the property that was taken, or by taking steps and adopting procedures thata reasonably prudent person of a similar age and under similar conditions as the owner, would take andadopt in preserving the going concern of the business or trade; or

(3) compensation for the loss of going concern will be duplicated in the compensation otherwise awardedto the owner.

Subd. 3. Procedure. In all cases where an owner will seek compensation for loss of a going concern,the damages, if any, shall in the first instance be determined by the commissioners under section 117.105as part of the compensation due to the owner. The owner shall notify the condemning authority of the owner'sintent to claim compensation for loss of going concern within 60 days of the first hearing before the court,as provided in section 117.075. The commissioner's decision regarding any award for loss of going concernmay be appealed by any party, in accordance with section 117.145.

Subd. 4. Driveway access. A business owner is entitled to reasonable compensation, not to exceed thethree previous years' revenues minus the cost of goods sold, if the owner establishes that the actions of agovernment entity permanently eliminated 51 percent or greater of the driveway access into and out of abusiness and as a result of the loss of driveway access, revenue at the business was reduced by 51 percentor greater. Determination of whether the revenue at the business was reduced by 51 percent or greater mustbe based on a comparison of the average revenues minus the average costs of goods sold for the three yearsprior to commencement of the project, with the revenues minus the costs of goods sold for the year followingcompletion of the project. A claim for compensation under this section must be made no later than one year



after completion of the project which eliminated the driveway access. The installation of a median does notconstitute elimination of driveway access.

History: 2006 c 214 s 11

117.187 MINIMUM COMPENSATION.

When an owner must relocate, the amount of damages payable, at a minimum, must be sufficient foran owner to purchase a comparable property in the community and not less than the condemning authority'spayment or deposit under section 117.042, to the extent that the damages will not be duplicated in thecompensation otherwise awarded to the owner of the property. For the purposes of this section, "owner" isdefined as the person or entity that holds fee title to the property.

History: 2006 c 214 s 12

117.188 LIMITATIONS.

The condemning authority must not require the owner to accept as part of the compensation due anysubstitute or replacement property. The condemning authority must not require the owner to accept the returnof property acquired or any portion of the property.

History: 2006 c 214 s 13

117.189 PUBLIC SERVICE CORPORATION EXCEPTIONS.

(a) Sections 117.031; 117.036; 117.055, subdivision 2, paragraph (b); 117.186; 117.187; 117.188; and117.52, subdivisions 1a and 4, do not apply to the use of eminent domain authority by public servicecorporations for any purpose other than construction or expansion of:

(1) a high-voltage transmission line of 100 kilovolts or more, or ancillary substations;

(2) a natural gas, petroleum, or petroleum products pipeline, or ancillary compressor stations or pumpingstations; or

(3) a light rail transit or bus rapid transit line.

(b) For purposes of an award of appraisal fees under section 117.085, the fees awarded may not exceed$1,500 for all types of property except for a public service corporation's use of eminent domain for:

(1) a high-voltage transmission line, where the award may not exceed $3,000; and

(2) a light rail transit or bus rapid transit line, where the award shall be as provided in section 117.085.

(c) For purposes of this section, "pipeline" does not include a natural gas distribution line transportinggas to an end user.

History: 2006 c 214 s 14; 2009 c 110 s 3; 2010 c 288 s 1; 1Sp2017 c 3 art 3 s 3

117.19 [Repealed, 1971 c 595 s 29]

117.195 INTEREST; AWARD, WHEN PAYABLE; DISMISSAL; COSTS.

Subdivision 1. Award; interest. All damages allowed under this chapter, whether by the commissionersor upon appeal, shall bear interest from the time of the filing of the commissioner's report or from the dateof the petitioner's possession whichever occurs first. The rate of interest shall be determined according to



section 549.09. If the award is not paid within 70 days after the filing, or, in case of an appeal within 45days after final judgment, or within 45 days after a stipulation of settlement, the court, on motion of theowner of the land, shall vacate the award and dismiss the proceedings against the land.

Subd. 2. Costs. When the proceeding is dismissed for nonpayment or discontinued by the petitioner,the owner may recover from the petitioner reasonable costs and expenses including attorneys' fees. In thediscretion of the court, the owner may also recover from the petitioner reasonable costs and expenses,including attorneys' fees, if a condemnation proceeding is dismissed because a court has held thatcondemnation shall not lie based on a challenge made under the Minnesota Environmental Rights Act. Ifthe court awards costs and expenses, including attorneys' fees, and if the condemnation proceeding is partof a project or proposal which has received an environmental review pursuant to the Minnesota EnvironmentalPolicy Act, or siting or routing selection pursuant to chapter 216E, the costs and expenses, including attorneyfees, shall be paid by the governmental unit responsible for the review or selection.

History: 1971 c 595 s 23; 1982 c 601 s 1; 1984 c 654 art 3 s 49

117.20 [Repealed, 1971 c 595 s 29]

117.201 [Repealed, 1971 c 595 s 29]

117.202 [Repealed, 1971 c 595 s 29]

117.205 FINAL CERTIFICATE.

Upon completion of the proceedings the attorney for the petitioner shall make a certificate describingthe land taken and the purpose or purposes for which taken, and reciting the fact of final payment of allawards or judgments in relation thereto, which certificate shall be filed with the court administrator and acertified copy thereof filed for record with the county recorder; which record shall be notice to all partiesof the title of the petitioner to the lands therein described.

History: 1971 c 595 s 24; 1975 c 175 s 1; 1976 c 181 s 2; 1Sp1986 c 3 art 1 s 82

117.21 EASEMENT MAY INCLUDE SNOW FENCES.

When the right to establish a public road is acquired by the state, or by any of its agencies or politicalsubdivisions, there may be included in the easement so acquired the power to erect and maintain temporarysnow fences as required upon lands adjoining the highway part of which lands have been taken for roadpurposes. If included, the right to erect and maintain such fences shall be considered in awarding damages,and any award shall be conclusively presumed to include the damages, if any, caused by the right to erectand maintain such fences.

History: (6557-4) 1929 c 396 s 1; 1998 c 403 s 3

117.215 ESTATE ACQUIRED.

In all cases for the condemnation of property for public use, the right, interest, or estate in the propertyproposed to be taken, if greater than an easement, shall be specifically described in the proceedings, and, ifthe right, interest, or estate so described shall be a fee simple absolute, the fee simple absolute shall be anestate without any right of reversion under any circumstances.

History: 1971 c 595 s 25

117.22 [Renumbered 375.181]



117.225 EASEMENT DISCHARGE.

Whenever claiming that an easement acquired by condemnation is not being used for the purposes forwhich it was acquired, the underlying fee owner may apply to the district court of the county in which theland is situated for an order discharging the easement, upon such terms as are just and equitable. Due noticeof said application shall be given to all interested parties. Provided, however, this section shall not apply toeasements acquired by condemnation by a public service corporation now or hereafter doing business in thestate of Minnesota for any purpose other than construction or expansion of:

(1) a high-voltage transmission line of 100 kilovolts or more, including ancillary substations; or

(2) a natural gas, petroleum, or petroleum products pipeline, including ancillary compressor stations orpumping stations.

For purposes of this section, "pipeline" does not include a natural gas distribution line transporting gasto an end user.

History: 1971 c 595 s 26; 1986 c 444; 2010 c 288 s 2

117.226 RIGHT OF FIRST REFUSAL.

(a) Except as provided in sections 15.16, 160.85, 161.16, 161.20, 161.202, 161.23, 161.24, 161.241,161.43, 161.46, and 222.63, if the governing body of the condemning authority determines that publiclyowned property acquired under this chapter has not been used and is no longer needed for a public use, theauthority must offer to sell the property to the owner from whom it was acquired, if the former owner canbe located. The offer must be at the original price determined by the condemnation process or the currentfair market value of the property, whichever is lower, except to the extent that a different value is requiredfor a property interest obtained with federal highway funding under United States Code, title 23, or transitfunding under United States Code, title 49. Before offering surplus property to local governments or forpublic sale under section 16B.282 or 94.10, the commissioner of administration or natural resources mustoffer to sell the property to the former owner as provided in this section.

(b) If the former owner cannot be located after a due and diligent search or declines to repurchase theproperty, the attorney for the condemning authority shall prepare a certificate attesting to the same and recordthe certificate in the office of the county recorder or county registrar of titles, as appropriate, to evidencethe termination of the right of first refusal. A recorded certificate to that effect is prima facie evidence thatthe right of first refusal has terminated.

History: 2006 c 214 s 15; 2010 c 219 s 1

117.23 [Repealed, 1961 c 561 s 17]

117.231 PAYMENT IN INSTALLMENTS.

Subdivision 1. Option of property owner. Whenever private property is acquired for public purposesby purchase or eminent domain proceedings, the property owner shall have the option of receiving thepurchase price or the award as finally adjudicated, either in a lump sum or in not more than four annualinstallments.

Subd. 2. Eminent domain; procedure. When the property is acquired by eminent domain proceedingsand the amount the owner shall receive for said property is finally determined, the owner is entitled topayment thereof, and before payment is made, may elect, by making written request thereof to the petitioner,to have the amount paid in not more than four annual installments, and without interest on the deferred



installments. After the first installment is paid the petitioner may make its final certificate, as provided bylaw, in the same manner as though the entire amount had been paid.

Subd. 3. Purchase of property; procedure. When the property is purchased from the private owner,the amount of the purchase price shall be paid in a lump sum, unless the property owner at the time ofdelivering the conveyance to the condemning authority shall elect to have the purchase price paid in notmore than four annual installments and without interest on the deferred installments.

History: 1971 c 595 s 27; 1986 c 444

117.232 DIRECT PURCHASE.

Subdivision 1. Reimbursement for appraisal fees; moving costs. When acquisition of private propertyis accomplished by the state Department of Transportation by direct purchase the owner shall be entitled toreimbursement for appraisal fees, not to exceed a total of $1,500. When acquisition of private property isaccomplished by any other acquiring authority, the owner is entitled to reimbursement for appraisal fees,not to exceed $1,500, if the owner is otherwise entitled to reimbursement under sections 117.50 to 117.56.The purchaser in all instances shall inform the owner of the right, if any, to reimbursement for appraisal feesreasonably incurred, in an amount not to exceed $1,500, together with relocation costs, moving costs andany other related expenses to which an owner is entitled by sections 117.50 to 117.56. This subdivision doesnot apply to acquisition for utility purposes made by a public service corporation organized pursuant tosection 301B.01 or electric cooperative associations organized pursuant to chapter 308A.

Subd. 2. Rejection of offer for appraisal fees and moving costs. In the event the purchaser and owneragree on the fair market value of the property but cannot agree on the appraisal fees and moving costs, theowner shall have the option to accept the offer for the property and reject the offer for the appraisal fees andmoving costs. In addition thereto, the owner may, after due notice to all interested parties, bring a motionat a special term of the district court in the county in which the property is located for a determination ofsuch moving costs and appraisal fees by the court.

History: 1971 c 595 s 28; 1975 c 175 s 2; 1976 c 166 s 7; 1984 c 654 art 3 s 50; 1986 c 444; 1989 c144 art 2 s 2; 1Sp2003 c 19 art 2 s 4; 2005 c 69 art 3 s 16

117.24 [Repealed, 1961 c 561 s 17]

117.25 [Repealed, 1961 c 561 s 17]

117.26 [Repealed, 1961 c 561 s 17]

117.27 [Repealed, 1961 c 561 s 17]

117.28 [Repealed, 1961 c 561 s 17]

117.29 [Repealed, 1961 c 561 s 17]

117.30 [Repealed, 1961 c 561 s 17]

117.31 [Repealed, 1991 c 199 art 1 s 32]

117.32 [Repealed, 1971 c 595 s 29]

117.33 [Repealed, 1971 c 595 s 29]

117.34 [Repealed, 1971 c 595 s 29]



117.35 [Repealed, 1971 c 595 s 29]

117.36 [Repealed, 1971 c 595 s 29]

117.37 [Repealed, 1971 c 595 s 29]

117.38 ACQUISITION OF LAND FOR CERTAIN PURPOSES.

When the United States, the state of Minnesota, or other governmental authority having jurisdiction soto do, authorizes change of harbor lines or diversion of channel, or other change in any river, stream, orwatercourse in the state of Minnesota, any railway company, terminal company, or depot companyincorporated or licensed to engage in the business of transportation of freight or passengers in this stateinterested in such change by reason of the improvement and enlargement of its property, or otherwise, mayacquire the lands and premises needed therefor. Such company may in its own name, either by purchase orby condemnation, obtain the title to such lands and premises or any interest therein, including the lands orany interest therein belonging to any municipal corporation in this state.

History: (6574) 1915 c 45 s 1

117.39 PROCEEDINGS UNDER POWER OF EMINENT DOMAIN.

Proceedings to condemn lands needed for such change may be commenced and prosecuted by suchcorporation to final judgment under the statutes of this state in respect to the taking of property by powerof eminent domain; and all of the general laws of this state in respect of condemnation of property shallapply thereto and govern and control such proceedings.

History: (6575) 1915 c 45 s 2; 2006 c 214 s 20

117.40 MUNICIPALITY MAY CONTEST.

Any municipality interested in the land proposed to be taken in such proceedings may, if its interestseems to so require, contest the necessity for the condemnation of its interest in the premises proposed tobe taken.

History: (6576) 1915 c 45 s 3

117.41 CONVEYANCE, TO WHOM MADE.

Upon acquiring title to these lands and premises, whether by purchase or condemnation, such corporationshall make due conveyance thereof to the United States, the state of Minnesota, or other governmentalauthority mentioned in section 117.38. Likewise, any municipal corporation having any interest in the landsor premises may, upon such terms, as to that municipality, its interests may seem to require, make dueconveyance thereof either to the company or to the governmental authority.

History: (6577) 1915 c 45 s 4

117.42 [Repealed, 1971 c 595 s 29]

117.43 [Repealed, 1971 c 595 s 29]

117.44 [Repealed, 1971 c 595 s 29]

117.45 [Repealed, 1971 c 595 s 29]

117.46 [Repealed, 1979 c 145 s 2]



117.461 [Repealed, 1979 c 145 s 2]

117.47 PERMITS; LICENSES.

The commissioner of natural resources may grant permits and licenses or leases on and across landsowned by the state to any corporation or association engaged in or preparing to engage in the business ofmining and beneficiating taconite as defined in section 298.001, subdivision 4, or semitaconite as definedin section 298.34, for the purpose of providing the corporation or association necessary easements,rights-of-way and surface rights over, through and across such lands for the erection and maintenance ofpipe lines, pole lines, conduits, sluiceways, roads, railroads and tramways. The commissioner may grantpermits and licenses or leases for flowage rights, rights to transport crude ore, concentrates or waste materialsover such state-owned lands, and may lease state-owned lands for the depositing of stripping, lean ores,tailings, or waste products of such business. Such permits, licenses or leases, may also authorize the use ofstate-owned lands by such corporation or association for plants and other buildings necessary to the propercarrying on of such business and may grant water rights and other rights requisite to the construction ofwharves, piers, breakwaters, or similar facilities necessary to the carrying on of such business or the shipmentof the products thereof. The commissioner may also license the flooding of state lands in connection withany permit or authorization for the use of public waters issued by the legislature or issued by the commissionerpursuant to law. Such permits, licenses, and leases shall be upon such conditions and for such considerationand for such period of time as the commissioner may determine. The county auditor, with the approval ofthe county board, is authorized to grant permits, licenses and leases for all such purposes across tax-forfeitedlands not held by the state free from any trust in favor of any and all taxing districts, upon such conditionsand for such consideration and for such period of time as the county board may determine. Any proceedsfrom the granting of such permits, licenses or leases shall be apportioned and distributed as other proceedsfrom the sale or rental of tax-forfeited lands.

History: 1945 c 275 s 2; 1955 c 619 s 1; 1969 c 1129 art 3 s 1; 1979 c 145 s 1; 1999 c 86 art 1 s 26

117.471 EASEMENTS OVER TAX-FORFEITED LANDS, APPROVAL.

Any easements over tax-forfeited lands granted by the county board of any county under section 117.47,shall be subject to the condition that it be approved by the commissioner of natural resources.

History: 1955 c 814 s 1; 1969 c 1129 art 3 s 1

117.48 CRUDE OIL PIPELINE COMPANIES, EMINENT DOMAIN.

The business of transporting crude petroleum, oil, their related products and derivatives includingliquefied hydrocarbons, or natural gas by pipeline as a common carrier, is declared to be in the public interestand necessary to the public welfare, and the taking of private property therefor is declared to be for a publicuse and purpose. Any corporation or association qualified to do business in the state of Minnesota engagedin or preparing to engage in the business of transporting crude petroleum, oil, their related products andderivatives including liquefied hydrocarbons, or natural gas by pipeline as a common carrier, is authorizedto acquire, for the purpose of such business, easements or rights-of-way, over, through, under or across anylands, not owned by the state or devoted to a public purpose for the construction, erection, laying, maintaining,operating, altering, repairing, renewing and removing in whole or in part, a pipeline for the transportationof crude petroleum, oil, their related products and derivatives including liquefied hydrocarbons, or naturalgas. To such end it shall have and enjoy the power of eminent domain to be exercised in accordance withthis chapter, and acts amendatory thereof, all of which provisions shall govern insofar as they may beapplicable hereto. Nothing herein shall be construed as authorizing the taking of any property owned by the



state, or any municipal subdivision thereof, or the acquisition of any rights in public waters except afterpermit, lease, license or authorization issued pursuant to law.

History: 1971 c 322 s 1; 1987 c 353 s 4; 2006 c 214 s 20

117.49 [Repealed, 1992 c 374 s 1]

117.50 DEFINITIONS.

Subdivision 1. Scope. As used in sections 117.50 to 117.56, the terms defined in this section shall havethe meanings given them.

Subd. 2. Person. "Person" means any individual, partnership, corporation, or association.

Subd. 3. Displaced person. "Displaced person" means any person who, notwithstanding the lack offederal financial participation, meets the definition of a displaced person under United States Code, title 42,sections 4601 to 4655, and regulations adopted under those sections.

Subd. 4. Acquisition. "Acquisition" includes:

(1) acquisition by eminent domain;

(2) acquisition by negotiation;

(3) programs of areawide systematic housing code enforcement; and

(4) demolition.

Subd. 5. Acquiring authority. "Acquiring authority" includes:

(1) the state and every public and private body and agency thereof which has the power of eminentdomain; and

(2) any acquiring authority carrying out an areawide systematic housing code enforcement program.

History: 1973 c 604 s 1; 1986 c 444; 2003 c 117 s 1

117.51 COOPERATION WITH FEDERAL AUTHORITIES; REESTABLISHMENT COSTS LIMIT.

Subdivision 1. Cooperation with federal authorities. In all acquisitions undertaken by any acquiringauthority and in all voluntary rehabilitation carried out by a person pursuant to acquisition or as a consequencethereof, the acquiring authority shall cooperate to the fullest extent with federal departments and agencies,and it shall take all necessary action in order to insure, to the maximum extent possible, federal financialparticipation in any and all phases of acquisition, including the provision of relocation assistance, services,payments and benefits to displaced persons.

Subd. 2. Reestablishment costs limit. For purposes of relocation benefits paid by the acquiring authorityin accordance with this section, the provisions of Code of Federal Regulations, title 49, part 24, with respectto reimbursement of reestablishment expenses for nonresidential moves are applicable, except that theacquiring authority shall reimburse the displaced business for eligible expenses up to a maximum of $50,000.

History: 1973 c 604 s 2; 1Sp2001 c 8 art 2 s 13; 2002 c 364 s 1; 2006 c 214 s 16; 2008 c 287 art 1 s2; 2008 c 312 s 1



117.52 UNIFORM RELOCATION ASSISTANCE.

Subdivision 1. Lack of federal funding. In all acquisitions undertaken by any acquiring authority andin all voluntary rehabilitation carried out by a person pursuant to acquisition or as a consequence thereof,in which, due to the lack of federal financial participation, relocation assistance, services, payments andbenefits under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970,United States Code, title 42, sections 4601 to 4655, as amended by the Surface Transportation and UniformRelocation Assistance Act of 1987, Statutes at Large, volume 101, pages 246 to 256 (1987), are not available,the acquiring authority, as a cost of acquisition, shall provide all relocation assistance, services, paymentsand benefits required by the Uniform Relocation Assistance and Real Property Acquisition Policies Act of1970, as amended by the Surface Transportation and Uniform Relocation Assistance Act of 1987, and thoseregulations adopted pursuant thereto, and either (1) in effect as of January 1, 2006, or (2) becoming effectiveafter January 1, 2006, following a public hearing and comment. Comments received by an acquiring authoritywithin 30 days after the public hearing must be reviewed and a written response provided to the individualor organization who initiated the comment. The response and comments may be addressed in another publichearing by the acquiring authority before approval.

Subd. 1a. Reestablishment costs limit. For purposes of relocation benefits paid by the acquiring authorityin accordance with this section, the provisions of Code of Federal Regulations, title 49, part 24, with respectto reimbursement of reestablishment expenses for nonresidential moves are applicable, except that theacquiring authority shall reimburse the displaced business for eligible expenses up to a maximum of $50,000.

Subd. 2. Acquisitions for highway purposes. Despite subdivision 1, with respect to acquisitions forhighway purposes or acquisitions for which the state Department of Transportation performs relocationassistance services for the Department of Administration, the regulations of the United States Departmentof Transportation may be applied to all displaced persons who would otherwise be eligible for such relocationassistance, services, payments and benefits thereunder but for the lack of federal financial participation.

Subd. 3. Exception. This section shall not apply in the case where federal financial participation forprovision of relocation assistance, services, payments and benefits in connection with an acquisition hasbeen procured or committed pursuant to section 117.51 and has then been withdrawn by the United States,unless the acquiring authority subsequently determines to proceed with the acquisition in question usingnonfederal funds.

Subd. 4. Relocation assistance eligibility or amount determined by administrative lawjudge. Notwithstanding any law or rule to the contrary, if a person entitled to relocation assistance underthis section does not accept the acquiring authority's determination of the amount of relocation assistanceor if a person does not accept the acquiring authority's denial of relocation assistance, the acquiring authoritymust initiate contested case proceedings under sections 14.57 to 14.66 for a determination of the eligibilityfor or amount of relocation assistance that must be provided by the acquiring authority. The administrativelaw judge's determination of the person's eligibility for or amount of relocation assistance that the acquiringauthority must provide constitutes a final decision in the case, as provided in section 14.62, subdivision 4.The acquiring authority must pay all costs of the proceedings. "Costs" is defined in section 15.471, subdivision4, and also includes charges billed by the Office of Administrative Hearings for the proceedings.

History: 1973 c 604 s 3; 1976 c 166 s 7; 1984 c 633 s 1; 1987 c 80 s 1; 1988 c 698 s 1; 1989 c 83 s 1;2006 c 214 s 17-19; 2008 c 287 art 1 s 3; 2008 c 312 s 2; 2012 c 184 s 1



117.521 WAIVER OF RELOCATION BENEFITS.

Subdivision 1. Waiver. Any owner-occupant of property who (a) prior to any action by the acquiringauthority indicating an intent to acquire the property whether or not the owner-occupant is willing to sell,requests that the property be acquired through negotiation, or (b) has clearly shown an intent to sell theproperty on the public market prior to any inquiry or action by the acquiring authority, may voluntarilywaive any relocation assistance, services, payments and benefits, for which eligible under this chapter bysigning a waiver agreement specifically describing the type and amounts of relocation assistance, services,payments and benefits for which eligible, separately listing those being waived, and stating that the agreementis voluntary and not made under any threat of acquisition by eminent domain by the acquiring authority.Prior to execution of the waiver agreement by the owner-occupant, the acquiring authority shall explain thecontents thereof to the owner-occupant.

Any waiver not voluntarily agreed to is invalid, and the burden of proof shall be upon the acquiringauthority to show that the agreement was entered into voluntarily. A statement at trial by a witness notinvolved in the acquisition of the property, that the contents of the waiver agreement were explained to theowner-occupant in a manner understandable to the owner-occupant, describing the method of explanation,that the owner-occupant appeared to understand the terms and conditions of the waiver agreement, that noexpress or implied threats of taking the property by eminent domain, or any other threats intended to inducethe owner-occupant to waive relocation assistance benefits, were made to the owner-occupant by anyemployee or official of the acquiring authority throughout the entire process of acquisition of the property,and that the owner-occupant appeared to voluntarily enter into the agreement, shall, unless decided otherwiseby the court, shift the burden of proof to the person claiming that the agreement was not entered intovoluntarily.

Subd. 2. Owner of rental property. The owner of a rental property whose property is being acquiredthrough negotiation as a result of either subdivision 1, clause (a) or (b), may waive only the right to relocationassistance, services, payments and benefits as outlined in subdivision 1, and nonowner occupants of theproperty being acquired shall receive all relocation assistance, services, payments and benefits for whichthey are eligible, notwithstanding the provision of subdivision 1.

Subd. 3. District for development. The provisions of subdivisions 1 and 2 shall not apply to theacquisition of properties situated wholly or in part within any district for development authorized underLaws 1971, chapter 548 or 677; or Laws 1973, chapter 196, 761, or 764; or Laws 1974, chapter 485; orMinnesota Statutes, chapter 462, 458, or 458C.

Subd. 4. Construction. The provisions of this section shall not limit any existing rights to waive relocationbenefits.

History: 1976 c 10 s 1; 1986 c 399 art 2 s 2; 1986 c 400 s 2; 1986 c 444; 1Sp1986 c 3 art 2 s 41

117.53 AUTHORIZATION.

All acquiring authorities are hereby authorized to do any acts and take all actions necessary to carry outthe provisions of sections 117.50 to 117.56, including the acquisition, rehabilitation and relocation of existinghousing and the construction of new housing in accordance with the provisions of the Federal Aid HighwayAct of 1970, Statutes at Large, volume 84, page 1713 (1971), United States Code, title 23, section 101, etseq., and any other federal and state laws, where projects cannot proceed to construction because replacementhousing cannot be made available.

History: 1973 c 604 s 4



117.54 NO ADDITIONAL DAMAGES CREATED.

Nothing in sections 117.50 to 117.56 shall be construed as creating in any condemnation proceedingsbrought by any acquiring authority under the power of eminent domain, any element of damages notrecognized on August 22, 1968.

History: 1973 c 604 s 5

117.55 PAYMENTS NOT CONSIDERED FOR PUBLIC ASSISTANCE PURPOSES.

No payments received under sections 117.50 to 117.56 shall be considered for purposes of determiningthe eligibility or the extent of eligibility of any person for public assistance based on need under the lawsof the state of Minnesota.

History: 1973 c 604 s 6; 1Sp1985 c 14 art 1 s 5

117.56 INAPPLICABILITY TO HAZARDOUS AND SUBSTANDARD BUILDING PROCEEDINGS.

The provisions of sections 117.50 to 117.56 shall not apply to any proceedings brought by a governmentalsubdivision under sections 463.15 to 463.26.

History: 1973 c 604 s 7

117.57 AUTHORITIES; RAILROAD PROPERTIES.

Subdivision 1. Eminent domain. The power of eminent domain of an authority, as defined in section469.174, subdivision 2, extends to railroad properties located within the authority's limits, provided:

(1) the railroad property is not a line of track for which abandonment is required under federal law, orif it is a line of track for which abandonment is required under federal law, abandonment has been approved;

(2) the railroad property is not currently used for the following activities of the railroad, not includingstorage, maintenance, and repair activities:

(i) switching;

(ii) loading or unloading; or

(iii) classification activities;

(3) some part of the property contains land pollution as defined in section 116.06, or contains a releaseor threatened release of petroleum, as provided in chapter 115C, or contains a release or threatened releaseof a pollutant, contaminant, hazardous substance, or hazardous waste, as provided in chapter 115B; and

(4) the authority intends to develop the property and has a plan for its cleanup and development withinfive years in order to maximize its market value.

Property in current use under clause (2) includes only that area which is reasonably necessary for currentoperation.

Upon a showing by the petitioner in condemnation proceedings that the conditions described in clauses(1) to (3) exist, then the public use to which the authority would put the property is presumed a superiorpublic use to railroad use or any other past, present, or proposed future use. A railroad may rebut thepresumption by clear and convincing evidence that the railroad use is a superior use.



Subd. 2. Relation to state rail bank. Nothing in this section shall supersede the provisions of section222.63.

Subd. 3. Relation to regional railroad authorities. An authority shall not be adjudged to have a superiorpublic use to that of a regional railroad authority as defined in section 398A.01, a railroad property whichhas been identified and approved as a light rail corridor by the Metropolitan Council under chapter 473, ora state trail covered by section 85.015.

Subd. 4. Line of track for agricultural use. (a) Except as provided in paragraph (b), subdivision 1 doesnot apply to railroad property that is in a county outside of the metropolitan area as defined in section 473.121,subdivision 2, if:

(1) the property is a line of track in actual use; and

(2) the line of track is the principal means of transportation for an agricultural use, as defined in section17.81, subdivision 4, by an owner or lessee of real estate abutting the line of track.

(b) The line of track may be acquired under subdivision 1 with the written consent of all the owners orlessees described in paragraph (a), clause (2).

Subd. 5. Relocation costs. No property with ongoing railroad use at the time of acquisition may beacquired under this section without payment of the costs of relocation under section 117.52.

Subd. 6. Quick take limited. In a condemnation under this section, where the authority seeks title andpossession under section 117.042, the time provided in that section must be extended by the court for aperiod, not to exceed 150 days, if reasonably required for the relocation of any ongoing railroad use at thetime of the acquisition.

Subd. 7. Coal slurry pipelines. No property may be acquired under this section for use as a coal slurrypipeline or other related facility.

History: 1991 c 291 art 1 s 4



CHAPTER 117 EMINENT DOMAIN - Minnesota

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